Loading...
HomeMy WebLinkAboutComm No 0008 - Suggestions Eileen O'Hara w attachmentsEileen O'Hara Council Member Council District 4 Chair: Environmental Management Committee DATE: TO: FROM: SUBJECT: Phone: (808) 965-2712 Fax: (808) 961-8912 Email: eiieen.ohara@hawaiicounty.gov Vice Chair: Planning Committee and Agriculture, Water & Energy Sustainability Committee County of Hawaii Hawaii County Council 25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720 September 21, 2018 Douglass Shipman Adams, Chair and Members of the Hawai`i County Charter Commission Eileen O'Hara, Council Member Hawaii County Council Recommended Charter Amendments Aloha Chair Douglass and Members of the Charter Commission, I would first like to thank you all again for serving the residents of Hawai`i County in this very important capacity. Attached please find the following recommended Charter amendments for your review: 1) Amends Article VI, Chapter(s) 2,3,4,5,6,7,8, and10, Executive Branch; The Managing Director and Agencies under the Managing Director, relating to Council Confirmation of the Managing Director and certain Department Directors and Terms of Office of Department Heads, I have attached a draft of a proposed charter amendment that I authored, relating to Council Confirmation of the Managing Director and Certain Department Directors and Terms of Office of Department Heads; Rationale: Every newly elected Council member should have the opportunity to comment on the appointments of the Managing Director and all Department Heads. The Managing Director and all the Department Heads are appointed by the Mayor and confirmed by the Council every 4 years while a new Council is elected every 2 years and without a "reconfirmation or reappointment" process newly elected councilmembers don't have an opportunity to comment on the mayor's appointments. Also a reconfirmation or reappointment requirement every 2 years would allow Council members to evaluate the job performances of mayoral appointees and make comments, recommendations and potentially reconsider their confirmation vote. 2) Amends Article VII, Chapter 2, Creating Independent Police Auditor, I have attached a copy of Bill 270 which was first proposed in 2008 to create an Office of Police Oversight and Comm. No. 8 Hawai`i County is an Equal Opportunity Provider and Employer. Complaints headed by an Independent Police Auditor appointed by the Mayor and confirmed by the Council; Rationale: The Hawai`i County Police Commission has no real powers. Administrations often have difficulties finding appropriate community members to serve on the Police Commission and meetings are often cancelled due to lack of quorum. The appointed and confirmed Police Commissioners do not necessarily have any expertise in police matters or union contracts, so they can provide only limited oversight. The Chief of Police has no real oversight from the county administration or the legislative branch. Even the mayor has a limited ability to effect the operations of the police department other than proposing the annual budget. I have attached Bill 270, which was drafted in a previous council and did not gain traction at the council when initially introduced. Given I have received several complaints from constituents in my district about this ongoing issue in Hawai`i County, I submit Bill 270 now for your consideration and hopeful action. 3) Amends Article VIII, Section 8-2, "Department of Water Supply", Section 8-2, adding to responsibilities of the Water Board. I have attached a draft of a proposed amendment I authored relating to the Water Board, for your consideration; Rationale: The Water Board should make sure that water needs identified in Community Development Plans or other planning documents are consistent with the Department's ability to provide new water commitments. I suggest setting aside or creating a certain amount of future commitments annually, to ensure public water needs identified in lawfully adopted community plans are available. See attached draft ordinance for suggested changes to Article VIII, Section 8-2. Thank you for your timely consideration of these important matters. Should you have any questions please call my office anytime. EO:b1 Att. COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE VI, CHAPTER 2, SECTION 6-2.2, CHAPTER 3, SECTION 6-3.2, CHAPTER 4, SECTION 6-4.2, CHAPTER 5, SECTION 6-5.2, CHAPTER 6, SECTION 6-6.2, CHAPTER 7, SECTION 6- 7.2, CHAPTER 8, SECTION 6-8.2, CHAPTER 10, SECTION 6-10.3, AND ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER (2016 EDITION), RELATING TO COUNCIL CONFIRMATON OF THE MANAGING DIRECTOR AND CERTAIN DEPARTMENT DIRECTORS AND TERMS OF OFFICE OF DEPARTMENT HEADS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article VI, section 6-1.2 of the Hawai`i County Charter (2016 Edition), is amended to read as follows: "Section 6-1.2. Managing Director. The managing director shall be appointed by the mayor; and confirmed by the council_ The term of the managing director shall be coterminous with that of the mayor, provided that the managing director shall be reconfirmed by the council no later than sixty days after the initial convening of the newly elected council. and -may -be -removed by the mayor. The managing director may be removed from office by the mayor. The managing director shall have had five years of experience in an administrative capacity, and shall possess demonstrable education and/or professional experience as required of the office." SECTION 2. Article VI, section 6-2.2 of the Hawai`i County Charter (2016 Edition), is amended to read as follows: "Section 6-2.2. Director. The director of public works shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confiiuiation by the council. The director shall be a registered professional engineer. The director shall have had a minimum of five years of experience in an administrative capacity." SECTION 3. Article VI, section 6-3.2 of the Hawaii County Charter (2016 Edition) is amended to read as follows: "Section 6-3.2. Director. The parks and recreation director shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall serve for term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The director shall have had a minimum of five years of experience in an administrative capacity." SECTION 4. Article VI, section 6-4.2 of the Hawaii County Charter (2016 Edition) is amended to read as follows: "Section 6-4.2. Appointment and Removal. The director of information technology shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council." SECTION 5. Article VI, section 6-5.2 of the Hawai`i County Charter (2016 Edition) is amended to read as follows: "Section 6-5.2. Appointment and Removal. The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council. The corporation counsel shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The corporation counsel shall be an attorney Licensed to practice and in good standing before the Supreme Court of the State of Hawai`i." 2 SECTION 6. Article VI, section 6-6.2 of the Hawaii County Charter (2016 Edition) is amended to read as follows: "Section 6-6.2. Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The finance director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity, a deputy finance director shall have had a minimum of three years of training and experience in a responsible financial positon." SECTION 7. Article VI, section 6-7.2 of the Hawai`i County Charter (2016 Edition) is amended to read as follows: "Section 6-7.2. Planning Director. (a) The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The planning director shall have had a minimum of five years of training and experience in a responsible planning position, or a degree in planning, engineering, architecture, geography, or another planning -related field and three years of experience in a responsible planning position. No less than three years of experience shall have been in an administrative capacity." SECTION 8. Article VI, section 6-8.2 of the Hawaii County Charter (2016 Edition), is amended to read as follows: "Section 6-8.2. Director. The director of research and development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve a tenni of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The director shall have had a minimum of five years of 3 related experience." SECTION 9. Article VI, section 6-10.3 of the Hawaii County Charter (2016 Edition), is amended to read as follows: "Section 6-10.3. Director. The director of environmental management shall be appointed by the mayor; and confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council. The director shall have had a minimum of five years of administrative experience in a related field and an engineering degree or a degree in a related field." SECTION 10. Article XIII, section 13-8, of the Hawaii County Charter (2016 Edition), is amended to read as follows: "Section 13-8. Term of Office of Department Heads. [The] Except as otherwise provided in this chapter, the teinl of office of department heads, deputies and assistants shall be co -terminous with that of the appointing authority; provided, that where a successor has not been appointed, a department head, deputy or assistant, as the case may be, shall continue in office pending such appointment, The council shall confirm or deny confirmation within sixty days of the appointment or reappointment of any department head. If the council does not act within sixty days, the department head shall be deemed to be confirmed. The department head shall take office upon appointment but shall not continue in office if the council denies confirmation." SECTION 11. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawaii, the reviser need not include the underscoring. 4 COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO AMEND ARTICLE VII, CHAPTER 2 OF THE HAWAII COUNTY CHARTER (2000) RELATING TO THE POLICE DEPARTMENT, TO ADD A NEW CHAPTER RELATING TO AN INDEPENDENT POLICE AUDITOR, AND TO AMEND ARTICLE XIII RELATING TO SALARIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Background: In the present circumstances, misconduct in the police department is difficult to determine or to refute because there is no meaningful oversight. Without meaningful oversight police corruption in Hawai`i County has in recent years resulted in litigation and liability payments by the county, and promotions due police officers were denied. The improvement of oversight, from a source external to and not under the influence of the police department, will allow a better appraisal of the police department on a first hand basis by an independent auditor. The police auditor will be independent of the county administration, the county council, and the police department. Currently, the oversight is a responsibility of the police commission, a part of the police department from which its budget derives. Meaningful oversight provides a mechanism for assessment of the need for change and also serves a deterrent to the risk of misconduct. An independent police auditor protecting against corruption and abuse of power provides insurance against a tarnished reputation and diminished effectiveness of law enforcement. SECTION 2. Purpose: The proposed charter amendments remove the responsibility for oversight of the police department from the police commission and assign this responsibility to a full time independent police auditor nominated by the mayor and confirmed by the council. Along with this responsibility for oversight, the ability to hire staff is also reassigned from the police commission to the independent police auditor. The police commission is retained as required by statute with the continuing powers and duties to evaluate, hire and fire the chief of police, and to review and make recommendations regarding the police department's budget. SECTION 3. Article V, Chapter 2 of the Hawaii County Charter (2000) relating to the Police Department is hereby amended to read as follows: "Section 7-2.1. Organization. There shall be a police department consisting of a police commission, a chief of police, a deputy chief of police, and the necessary staff. Section 7-2.2. Statement of policy. It is hereby declared to be the purpose of this chapter of the charter to establish in the county a system of law enforcement which shall be based on due regard for the constitutional rights of all persons, which shall promote the highest possible degree of mutual respect between law enforcement officers and the people of the county and which shall provide for the expeditious apprehension of those who violate the law. In order that these purposes may be achieved, the police department shall be operated in accordance with the following: (1) Standards of recruitment shall be designed to attract into the service persons with high degrees of education, intelligence and personal stability. (2) Promotions shall be based upon fair standards of merit and ability which shall include peacekeeping and law enforcement criteria. (3) Grievance procedures for the people and police officers of the county shall be based on due regard for their constitutional rights. Section [7 2.2.] 7-2.3. Police Commission. (a) The police commission shall consist of nine members. One member shall be a resident of each council district. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. [(b) Statement of policy. It is hereby declared to be the purpose of this chapter of the charter respect between law enforcement officers and the people of the county and which shall provide for the expeditious apprehension of those who violate the law. In ordcr that these purposes may be achieved, the police department shall be operated in accordance with the following: high degrees of education, intelligence and personal stability. (2) Promotions shall be based upon fair standards of merit and ability which shall include peacekeeping and law enforcement criteria. based on due regard for their constitutional rights.] [4e)](b) Powers and Duties. The police commission shall: (1) Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge [ - regulations of the department]. (2) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor and managing director. (3) Submit an annual report to the mayor, the managing director and the council. [(4)Receive, consider and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its commission to fulfill the intent of this section.] [(5)](4) Advise the mayor, the managing director, the council, and the chief of police on police -community relations. [ recommending improvements to the police chief and the managing director.] [(7)] (5) At least annually, jointly with the independent policy auditor, [Evaluate at least annually] evaluate the performance of the police chief and submit a report to the mayor, managing director, and the council. [(S) Hire personnel necessary to carry out its functions.] [(9)] (6) Except for purposes of inquiry[;] and review necessary to the foregoing, neither the commission nor its members shall interfere in any way with the administrative affairs of the department. 2 Section [7 2.3.] 7-2.4. Chief of Police and Deputy. The chief of police shall be appointed by the police commission and may be removed by the police commission at its sole discretion. Any motion for removal of the chief of police must contain a statement of reasons, and the commission shall not vote to remove the chief of police unless the chief of police has been given an opportunity to respond to the statement of reasons at a hearing before the commission. The deputy shall be appointed by the chief of police with the confirmation of the police commission and may be removed by the chief of police with the approval of the commission, without cause being stated. The chief of police shall have had a minimum of five years of training and experience in law enforcement work, including at least three years in a responsible administrative capacity. Section [7 2.4.1 7-2.5. Powers, Duties, and Functions of the Chief of Police. The chief of police shall be the administrative head of the police department and shall: (a) Be responsible for the preservation of the public peace, prevention of crime, detection and arrest offenders against the law, protection of the rights of persons and property, and enforcement and prevention of violations of all laws of the state and ordinances of the county and all regulations made in accordance therewith. (b) Train, equip, maintain, and supervise the force of police officers and employees. (c) Promulgate rules and regulations for the organization and administration of the police force. (d) Make periodic reports to the police commission and the independent police auditor about the activities of the police department and about actions taken on cases investigated by the independent police [commission] auditor. (e) Have such other powers, duties, and functions as may be [required by the police commission or] provided by law[:], including any statute or Hawai`i County ordinance. Section [7 2.5.] 7-2.6. Dismissal, Suspension, Demotion, or Grievance. The dismissal, suspension, demotion, or grievance of any police officer or employee in the police department shall be under procedures set forth by civil service laws and regulations. Section [7 2.6.] 7-2.7. Administrative Supervision. The police department shall come under the general supervision and control of the mayor, through the managing director." SECTION 4. A new article is added to the Hawaii County Charter (2000) relating to the Independent Police Auditor, to be appropriately designated and to read as follows: "ARTICLE . OFFICE OF THE INDEPENDENT POLICE AUDITOR Section .1. Organization. There shall be an office of the independent police auditor consisting of an auditor and necessary staff. 3 Section .2. Statement of Policy. It is hereby declared to be the purpose of this article to establish in the county a system of independent civilian oversight over all operations of the police department to assure accountability to the public and to enhance the development and maintenance of modern and effective law enforcement policies governing all operation of the police department. In order to achieve these purposes the office of the independent police auditor shall be operated in accordance with the following. Section -.3. Independent Police Auditor. The county council shall by ordinance set qualifications for the office of independent police auditor. The mayor shall nominate a qualified person for the independent police auditor, and a two-thirds vote by county council shall be required for confirmation of the independent police auditor. The independent police auditor shall serve for a term of six years and may be removed by two-thirds vote of the council and with concurrence of the mayor. Section — _.4. Powers, Duties, and Functions of the Independent Police Auditor. The independent police auditor shall be independent of the operational supervision of the mayor, the managing director, the council, and the chief of police and shall: (a) Adopt such rules as the independent police auditor may consider necessary for the conduct of the auditor's business and the regulation of the matters committed to the auditor's charge; and may review the rules and regulations of the police department. (b) Receive, classify, investigate and route all internal or external complaints about sworn police officers and other police department employees. (c) Review the operations of the police department including those relating to criminal intelligence. (d) Conduct inquiries and investigations into any operations of the police department and make subsequent recommendations to the managing director, the council, and the chief of police. (e) Monitor the police department's investigations and processing of internal and external complaints of misconduct of sworn police officers and other police department employees; access all evidence and reports developed as part of such investigations; participate in the department's investigative interviews related to such complaints at the discretion of the independent police auditor; attend administrative review board and promotion board hearings; and require the police department to undertake additional investigations as deemed necessary by the independent police auditor. (f) Have the power to issue subpoenas compelling the attendance of witnesses or the production of books, documents or other evidence relating to the performance of any of his or her duties. (g) Hire personnel necessary to carry out the functions of the office of the independent police auditor and to provide staff support for the police commission. (h) Contract with qualified persons or entities outside of the police department to conduct independent investigations of complaints about sworn police officers or other police department employees. (i) Make recommendations to the chief of police or designees subsequent to investigations regarding complaints of misconduct of sworn police officers or other police department employees. 4 (j) Prepare reports to the managing director, the council, and the chief of police regarding complaint trends and police practices in general. (k) At least annually, jointly with the police commission, evaluate the performance of the police chief and submit a report to the mayor, the managing director, and the council. (1) Have such other powers, duties and functions as may be prescribed by ordinance. (m) Except for purposes of inquiry and review necessary to the foregoing functions, the police auditor shall not interfere in any way with the day to day administrative affairs of the police department." SECTION 5. Article XIII, Section 13-28 of the Hawai`i County Charter (2000) relating to compensation is hereby amended to read as follows: "Section 13-28. Compensation; Salary Commission. (a) The salary of all county elected officials, [and] appointed directors and deputy directors of departments and executive agencies, and the independent police auditor shall be established by a salary commission which shall consist of nine members appointed by the mayor with the approval of the council, in the manner prescribed in section 13-4(b). The members may be removed in the manner prescribed in section 13-4(b). (b) One member shall be a resident of each council district. In addition, the civil service director and deputy civil service director shall serve as ex -officio members of the commission in an advisory capacity. (c) The commission shall establish its rules of procedure, which shall provide that it meet at least annually, and adopt rules and regulations having the force and effect of law. (d) The commission shall review and compensate all county elected officials[atd] appointed directors and deputy directors, and the independent police auditor so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. The salary commission shall consult with those boards and commissions which have appointing authority for department heads." SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. Upon adoption of this ordinance, this council, by appropriate resolution shall provide that this amendment be submitted to the electorate of the county for approval at the next general election. SECTION 8. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 5 SECTION 9. Following approval by a majority of voters in the 2006 general election, the charter amendment proposed in this ordinance shall take effect January 1, 2007. , Hawai`i Date of Introduction: Date of l st Reading: Date of 2❑d Reading: Date of 3rd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 6 COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE VIII, SECTION 8-2, OF THE HAWAII COUNTY CHARTER (2012 EDITION), RELATING TO DEPARTMENT OF WATER SUPPLY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article VIII, section 8-2 of the Hawai`i County Charter (2012 Edition), is amended to read as follows: "Section 8-2. Water Board. The water board shall consist of nine members who shall be appointed by the mayor with the approval of the council in the manner prescribed in Section 13-4. One member shall be a resident of each council district. The manager -chief engineer of the department of water supply, the planning director and the director of public works or their designated representatives shall serve as ex -officio members of the water board without power to vote. The water board shall: (a) Manage, control and operate the waterworks of the county and all property thereof. (b) Adopt rules and regulations which shall have the force and effect of law relating to the management, control. Operation, preservation and protection of the waterworks of the county. (c) Adopt an annual operating and capital budget for the department, subject to the hearing and advertising provisions of Section 10-4. (e)(d) Conduct annual reviews of future water needs identified in lawfully adopted development plans for Hawai`i County, and ensure the department of water supply has a plan to meet those needs. Including if necessary the denial of requests made by the general public, until the needs are met. fie) Have the power to acquire by eminent domain, purchase, lease or otherwise, and to sell, lease, or otherwise convey real property in the name of the water board. (f) Have the authority to issue revenue bonds under the name of the water board. (g) Have such other powers and duties as may be provided by law." SECTION 2. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser need not include the underscoring. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawai`i County for approval in the 2018 general election. SECTION 13. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2018 general election, as duly certified, and shall take effect at the beginning of the 2018-2020 council teen. , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII 2